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(영문) 수원지방법원 안산지원 2016.10.06 2016고정591
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant and C, D, E, and F are active in the vicinity of the H convenience store located in Ansan-si G in Ansan-si, Annsan-si. The victim I(17 years of age), the victim J (18 years of age), the victim K (n, 18 years of age), and the victim L (17 years of age) were in the vicinity of the above H convenience store.

around 05:00 on December 25, 2015, the Defendant, C, D, E, and F came to each other on the grounds that the Defendant and C, E, E, and F, around the H convenience store near the above H convenience store, the Defendant and C, C, E, and F, on the grounds that the victim I and F, while getting on and off the Oralba, were changed to F, etc.

위와 같은 일시, 장소에서 피고인과 위 C, D, E, F은 피해자 I 및 그 일행과 시비를 하게 되었고, 피고인은 손으로 피해자 J의 멱살을 잡고 그의 목과 가슴을 수회 밀치고 발로 그의 복부를 찼고, 손으로 피해자 I의 몸을 밀치고 그의 멱살을 잡아끌었다.

The above C had the body and face of the victim J by hand, and the above D had the victim J's body sealed by hand and assaulted his face by drinking by hand, and caused the victim K's face by drinking the part of the victim K's bucks.

The above E, her face of the victim J, her head by knifing him/herself over the floor, and her shouldered the victim I by hand at one time.

The F used the face of the victim I in drinking. The F used the face of the victim I.

As a result, the Defendant and C, D, E, and F assaulted victims jointly, and the victim I suffered injury, such as the right francing frame, which requires approximately six weeks of treatment.

2. "When two or more persons jointly commit the crime of injury or assault" under Article 2 (2) of the Punishment of Violences, etc. Act requires that there exists a so-called accomplice relationship between them. In addition, where several persons are aware of the crimes committed by another person on the same opportunity at the same place, and use them to commit the crime;

(see, e.g., Supreme Court Decision 2013Do4430, Nov. 28, 2013). According to the witness L, I, J, and F’s respective legal statements, each of the legal statements is examined.

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